FORT MYERS, Fla. (AP) — Former detainees planned to testify Wednesday about conditions at an immigration detention center in the Florida Everglades known as “Alligator Alcatraz,” as a federal judge considers during a two-day hearing whether they are getting sufficient access to the legal system.
Civil rights attorneys representing the detainees were seeking a temporary injunction from U.S. District Judge Sheri Polster Chappell in Fort Myers that would ensure that detainees at the state-run Everglades facility get the same access to their attorneys as they do at federally-run detention centers. The Everglades facility was built last summer at a remote airstrip by Republican Gov. Ron DeSantis’ administration.
The detainees’ lawsuit claims that their First Amendment rights are being violated. They say their attorneys have to make an appointment to visit three days in advance, unlike at other immigration detention facilities where lawyers can just show up during visiting hours; that detainees often are transferred to other facilities after their attorneys had made an appointment to see them; and that scheduling delays have been so lengthy that detainees were unable to meet with attorneys before key deadlines.
“Access to counsel at Alligator Alcatraz is dramatically more restrictive than at other immigration facilities and runs afoul of the requirements that Immigration and Customs Enforcement has in place for detention facilities,” the civil rights attorneys wrote in their request for an injunction.
State officials who are defendants in the lawsuit denied restricting the detainees' access to their attorneys and said any protocols were in place for security reasons and to make sure there was sufficient staffing. Federal officials who also are defendants said that no First Amendment rights were being violated.
“Moreover, any Alligator Alcatraz policy regarding attorney-detainee communications is valid so long as it reasonably relates to legitimate penological interest,” they wrote.
Among those expected to testify Wednesday was Juan Lopez Vega, deputy field office director of ICE's enforcement and removal operations in Miami, who unsuccessfully tried to quash a subpoena compelling him to show up in court on Wednesday.
The case over access to the legal system was one of three federal lawsuits challenging practices at the immigration detention center. Another lawsuit brought by detainees in federal court in Fort Myers argued that immigration was a federal issue, and Florida agencies and private contractors hired by the state had no authority to operate the facility under federal law. That lawsuit ended earlier this month after the immigrant detainee who filed the case agreed to be removed from the United States.
In the third lawsuit, a federal judge in Miami last summer ordered the facility to wind down operations over two months because officials had failed to do a review of the detention center’s environmental impact. But an appellate court panel put that decision on hold for the time being, allowing the facility to stay open.
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